Page 20 - Service Delivery Review

National Development Plan and State Capacity Conference

before an investigation begins or to settle at any stage a variety of investigations involving infrastructure deliv-
of an investigation before it is completed. Separating ery, such as roads, public facilities, and housing. The
less complex and urgent matters from investigations main issues here are poor quality, impunity, and false
has aided, as these no longer have to wait in line be- billing. The procurement processes associated with de-
hind complex cases. Early resolution approaches re- livering public infrastructure continue to be a concern.
solved an estimated 70% of the cases handled by the Most of the Public Protector’s work is thus focused on
Public Protector. These “bread and butter” cases need the individual’s struggle to gain access to the services
to be urgently resolved because complainants are fre- to which they are entitled, such as water and electricity
quently on the verge of losing their homes or sources of supply, refuse removal, street cleaning, public transpor-
income unless the Public Protector’s office intervenes. tation, infrastructure investment, some health services,
The Public Protector handles only a small percentage of housing, parks, street trading and market stalls, and
the institution’s cases. Cases that cannot be resolved social amenities.
through early resolution within a specified timeframe
and more complex matters and disputes are typically The Public Protector and the NDP
the subject of evidence-based investigations.
The Public Protector is specifically mentioned in Chap-
ter 14 of the NDP, which deals with the fight against
Service delivery complaints corruption. Nonetheless, it is the intention of this over-
The Public Protector sees its mandate as redressing
administrative wrongs committed by the state, by re- view of the work of the Public Protector to show how
solving service and conduct failures. For example, ser- its mandate areas actually runs through the entire vision
vice failure complaints typically involve general malad- and goals of the NDP. The barricade that “good gov-
ministration in the form of service delays or denial. The ernance” erects against maladministration, unaccount-
caseload encompasses the entire scope of the classi- ability and corruption creates an enabling environment
cal definition of maladministration, which includes un- for the realisation of the vision that the NDP underpins.
due delay; abuse of power; unfair, capricious, or dis- In this regard, the Public Protector is part of an effec-
courteous behaviour; and violation of a human right. tive accountability framework which ensures that public
In comparison, conduct failure cases include unethical resources are maximised for the most significant eco-
behaviour; dishonesty or improper dealings with public nomic benefit.
money; improper enrichment and receipt of improper
advantage; abuse of power; abuse of resources; and, However, ultimately, the creation of an effective ac-
ultimately, fraud and corruption. countability regime rests not only on the shoulders of
the Public Protector. I believe that all of us, in the vari-
We estimate that the split between cases involving ser- ous roles we play in supporting and bringing to life the
vice failure and cases involving conduct failure is rough- aspirations of our Constitutional democracy, must be
ly 70/30 based on a recent sample of cases. We handle deliberate in implementing existing policies.

20 SERVICE DELIVERY REVIEW | Volume 15. No. 3 of 2023